SCHNALL v. AT & T WIRELESS SERVICES, INC.

No. 80572-5.

259 P.3d 129 (2011)

171 Wash.2d 260

Martin SCHNALL, a New Jersey resident; Jeananne Aguirre; Nathan Riensche, a Washington resident; Kelly Lemons, a California resident, individually and on behalf of all the members of the class of persons similarly situated, Respondents, John Girard, a California resident; Sean O'Day, a Florida resident, Plaintiffs, v. AT & T WIRELESS SERVICES, INC., a domestic corporation, Petitioner.

Supreme Court of Washington, En Banc.

April 14, 2011.


Attorney(s) appearing for the Case

Michael Edward Kipling , Kipling Law Group PLLC, Seattle, WA, for Petitioner.

Daniel Foster Johnson , David Elliot Breskin , Breskin Johnson & Townsend PLLC, Seattle, WA, William Walter Houck , Attorney at Law, Issaquah, WA, for Respondents.

Shannon E. Smith , Office of the Attorney General, Seattle, WA, amicus counsel for Attorney General of Washington.

Stephen Michael Rummage , Fred B. Burnside , Davis Wright Tremaine LLP, Seattle, WA, Robin S. Conrad , Nat'l Chamber Litigation Center, Washington, DC, amicus counsel for Chamber of Commerce of the United States of America.

Kelby Dahmer Fletcher , Peterson Young Putra , Seattle, WA, Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, amicus counsel for Washington State Trial Lawyers Assoc.

Seth Leslie Cooper , Attorney at Law, Fairfax, VA, Micah Louise Balasbas , Attorney at Law, Tacoma, WA, amicus counsel for American Legislative Exchange Council.

Stephen Michael Rummage , Davis Wright Tremaine LLP, Paul J. Lawrence , K & L Gates LLP, Seattle, WA, Amicus Curiae on behalf of Chamber of Commerce of the United States of America, amicus counsel for Amazon.com., Clearwire Corporation, Holland America Line, Inc., Microsoft Corporation, and T-mobile USA, Inc.


MADSEN, C.J.

¶ 1 Plaintiffs challenge AT & T Wireless Services, Inc.'s (AT & T) billing practices. They sought nationwide class certification, which was denied. The Court of Appeals reversed. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.1

FACTS

¶ 2 Customers of AT & T filed a nationwide class action alleging the company misled consumers when it billed...

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